Circular 28/2012/tt-Bkhcn: Regulations Regarding Standards, Announced Announced Conformity Assessment Methods And Conformity With Technical Standards, Standards

Original Language Title: Thông tư 28/2012/TT-BKHCN: Quy định về công bố hợp chuẩn, công bố hợp quy và phương thức đánh giá sự phù hợp với tiêu chuẩn, quy chuẩn kỹ thuật

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SCIENCE AND TECHNOLOGY
Number: 28 /2012/TT-BKHCN
THE SOCIALIST REPUBLIC OF VIETNAM.
Independence-Freedom-Happiness
Hanoi, 12 December 2012

IT ' S SMART

Regulation of standard publication, contract publication and method

assess the appropriate compliance with standards, technical standards

________________

Standard Law School and Technical Regulation June 29, 2006;

The Product Quality Law Base, which was manufactured on November 21, 2007;

Base of Protocol 127 /2007/ND-CP August 1, 2007 of the Government Regulation the implementation of some of the provisions of the Standards Law and Technical Regulation;

Base of Protocol 132 /2008/NĐ-CP December 31, 2008, of the Government Regulation of the Blueprint of certain provisions of the Law Quality Law, goods;

Base of Protocol 28 /2008/NĐ-CP March 14, 2008 the Government regulates the function, mandate, jurisdiction, and organizational structure of the Ministry of Science and Technology;

At the suggestion of the General Secretary General of the Standards for Quality Measures;

The Minister of Science and Technology provides for the standard publication, the contract publication and the method of evaluating the suitcase with the standard, technical rule.

Chapter I

GENERAL REGULATION

What? 1. The adjustment range

This information provides for the standard publication, the contract publication and the method of evaluating the suitcase with the standard, technical rule.

What? 2. Subject applies

This is applicable to the organization, the individual and the governing body involved in the evaluation of the suitcase, the standard publication, the contract publication.

What? 3. Explain words

In this Information, the words below are understood as follows:

1. Standard publication is the organization, the individual self-publication of products, goods, services, processes, environments that are in line with the corresponding standard.

2. Streamline publication is the organization, the individual self-publication of products, goods, services, processes, environments that are in line with the corresponding technical standard.

3. The certification organization performs a standard certification activity. is the organization that has implemented the certification of the certification activity field (the following call for registered certification organization) according to the regulation at Digital Information. 08 /2009/TT-BKHCN April 8, 2009 by the Minister of Science and Technology Guide to the request, sequence, procedure of registration of the appropriate assessment activity (the following writing is the Digital). 08 /2009/TT-BKHCN ) and Digital News 10 /2011/TT-BKHCN June 30, 2011 by the Minister of Science and Technology Amendment, complements some of the provisions of the Digital Information Digital Information. 08 /2009/TT-BKHCN (the following abbreviation is Digital) 10 /2011/TT-BKHCN).

4. The certification organization performs a thorough regulatory compliance. The certificate organization is registered pursuits at paragraph 3 This and is given a competent authority to perform a valid certificate operation (the following is called the designated certification organization).

5. The test organization performs experimental product quality testing, goods and food products. is the organization that has carried out the field of test operations field (later called the registered testing organization) prescribed at the specified number of Digital Information. 08 /2009/TT-BKHCN and Digital News 10 /2011/TT-BKHCN.

What? 4. Standard Marks, Rules

1. Signs of standard and use of standard markings

The standard sign by the organization certification registers the regulation of the shape, texture, way, and use of the standard indication for the valid certified object and must meet the following basic requirements:

a) Clear assurance, no confusion with other marks;

b) Must be able to fully express the standard of the corresponding standard as a standard certification base.

In the event of an organization, the individual published standard on the basis of self-assessment is not a regulation of the shape, texture, expression, and cannot be used as a standard sign.

2. Signs of scale and use of a process mark

a) A valid indication of the shape, size by regulation at this Annex I;

b) The compound sign is used directly on the product, goods or on the packaging or in the technical document or on the product-mounted label, the goods in the visible location, easily read;

c) A binding sign must ensure that it is not easy to erase and cannot be exploited.

d) The contract sign can be launched to or scaled but must ensure the correct ratio, the basic size of the prescribed mark on this Annex I, and receive the common eye;

The compound sign must be designed and expressed in the same color, recognizable.

What? 5. The method of assessing the match

1. The evaluation of the suitcase is done in one of the following methods:

a) Method 1: A typical sample test;

b) Method 2: A typical sample test and evaluation of the production process; monitoring through sample testing taken on the market;

c) Method 3: A typical sample test and evaluation of the production process; monitoring through sample testing taken at the production site combined with the evaluation of the production process;

d) Method 4: A typical sample test and evaluation of the production process; monitoring through sample testing taken at the production site and on the market combined with the evaluation of the production process;

Method 5: A typical sample test and evaluation of the production process; monitoring through sample testing taken at the site of production or on the market combined with the evaluation of the production process;

e) Method 6: Evaluation and monitoring of management system;

g) Method 7: Test, product batch evaluation, merchandise;

h) Method 8: Test or test the entire product, commodity.

2. Content, sequence and principle use the method of evaluation of the suitable fit specified at this Annex II.

What? 6. Apply the appropriate method of assessment

1. The standard assessment method applies to each type of product, commodity, service, process, specific environment due to a valid certification organization or organization, individual workers making the option of selecting the rules of regulatory suitcases. I mean, at Article 5 of this message. The method of evaluation of the option must be appropriate for the object to be evaluated to ensure the reliability of the appropriate evaluation results.

2. The method of evaluating the suitcases of technical regulation applied to products, goods, services, processes, specific environments are regulated at the corresponding technical standard.

3. The method of evaluation of the suitcase must be written specifically on a certificate of technical standard identification.

Chapter II

STANDARD PUBLICATION

What? 7. The principle of standard publication

1. The object of the standard publication is the product, the goods, services, processes, the environment specified in the corresponding standard. The standard publication is voluntary operation.

2. The publication of the appropriate standard matching is based on:

a) A valid certificate results due to the registered certification organization or;

b) The results of the self-evaluation of the organization, the individual announced the standard.

A contract evaluation test must be performed at the registered testing organization.

What? 8. Standard autoplay

The standard publication is done in the following steps:

1. Step 1: Evaluation of the object's object-appropriate matching of the standard publication with the corresponding standard (later abbreviated as a standard assessment).

a) The standard evaluation by the organization of the registered certification (third party) or by the organization, the individual announced the standard (first party).

The standard evaluation is done in accordance with the regulatory assessment method at paragraph 1 Article 6 of this Information;

b) The standard assessment outcome at the point a 1 This is the basis for the organization, the individual announced the standard.

2. Step 2: Register a standard published profile at the Department of Provincial Quality Measures Standards, the Central City of the Centre where the organization, the individual produces the business registration or registration of the business (later abbreviated as the Chi).

What? 9. Public registration record

Organization, individual workers set up standard 2 (two) standard publish records, of which 01 (one) the file file directly or sends a file via the post office to the Expenses and 01 (a) file storage at the organization, the individual. The specified profile component is as follows:

1. The case of a standard publication based on the contract certification results of the registered certification organization (third party), the standard publication record includes:

a) A standard publication (in Form 2. CBHC/HQ rules at Appendix III This Information

b) The paper itself itself is proof of the implementation of the production, business of the organization, the individual announced the contract (Enterprise Registration or Business Registration Paper or Business Registration Certificate or Investment Certificate or Certificate of Investment). The decision to be established or another paper by the rule of law);

c) The standard main medical copy used as a base for publication;

d) The correct medical copy of the certificate organization by the registration of the certificate organization under the standard pattern.

During the review of the case, if the need will be reviewed, a reference to the original or request for a copy of the copy is available.

2. The case of a standard publication based on the self-assessment results of the organization, the individual producing, the business (first party), the standard publication profile:

a) A standard publication (in Form 2. CBHC/HQ rules at Appendix III This Information

b) The paper itself itself is proof of the implementation of the production, business of the organization, the individual announced the contract (Enterprise Registration or Business Registration Paper or Business Registration Certificate or Investment Certificate or Certificate of Investment). The decision to be established or another paper by the rule of law);

c) The standard main medical copy used as a base for publication;

d) The organizational case, the individual announced that the unorganized contract has not been held certification for the registration of the standard appropriate certification of the management system (ISO 9001, ISO 22000, HACCP ...), the organization's public record, the individual must have the same production process. pursuant to the quality control scheme built, applicable (in Form 1. KHKSCL rules on Appendix III This information and plans to monitor the management system;

In case of the organization, the individual announced a contract to be held certification for registered a standard appropriate certification of the management system (ISO 9001, ISO 22000, HACCP ...), the organization's public record, the individual must have a copy of the paper itself. the standard appropriate certification of the management system is valid;

e) The standard assessment report (in Form 5. BCDG rules at Appendix III This is accompanied by a single copy of the test results of the sample test results within 12 months to the time of the filing of the registered testing organization.

During the review of the case, if the need will be reviewed, a reference to the original or request for a copy of the copy is available.

What? 10. Process of standard publication Profile

The standard publication file sent to the Disposal is treated as follows:

1. For the fully qualified publication record profile at Article 9 of this Smart, in the period 3 (three) the day of work since the date of receiving a valid publication record, the Text Message Section is recommended to add the types of papers in accordance with the rules. in Article 9 of this Smart News to the organization, the individual announces the standard. After a 15 (fifteen) deadline day since the date of the request to submit the recommended text that the standard publication file is not fully replened by the regulation, the Bureau has the right to cancel the processing of this profile.

2. For the fully qualified publication profile in accordance with Article 9 of this Smart, during the time 05 (year) day of work since the date of receiving a valid publication record, the genus must hold the validity examination of the standard publication profile to process as a result. After:

a) The case of a fully calibrated, fully qualified publication Case, the Department of Messages issued a standard publication record for the organization, the individual announced the standard (according to Form 3. TBTNHS rules on Appendix III. The notification recepts a valid publication of a valid valid certificate by the registered certification organization issued or has a value of 3 (three) years from the date of the organization of the organization, the individual signed the standard assessment report (for the school). I don't know.

b) The case of a fully qualified, but not valid, document-written message for the organization, the individual announces the standard of reasons not to accept the case.

What? 11. The organization ' s responsibility, the individual announced the standard

1. Option the method of assessing the suitcase in accordance with the object of the standard publication to ensure the reliability of the assessment result.

2. Maintenance of continuity and responsibility for the suitcases of the products, goods, services, processes, the registered environment of the standard publication; maintenance of quality control, testing and periodic monitoring at the manufacturing facility, the organization ' s business, and the organization of the organization. Personally.

3. When the unsuitable product of products, goods, services, processes, the environment has announced a standard in the process of circulation, use, organization, individual must:

a) suspend the export and conduct of the recovery of products, unsuitable goods that are circulating in the market in case of product, non-suitable goods that have high risks that cause loss of safety to users; stop operating, exploiting the processes. show, service, associated environment when necessary;

b)

c) The written statement to the genus in terms of the results of the etching of unsuitable results before continuing to include products, goods, services, processes, environments into use, circulation, mining, business.

4. Set and save the standard publication profile as follows:

a) The case of a standard publication based on the contract certification results of the registered certification organization (third party), the filing of a valid publication profile consisting of the main ones, the copy of the prescribed papers at paragraph 1 Article 9 and the monitoring assessment filing. of the registered certification organization;

b) The case of a standard publication based on the self-assessment results of the organization, the individual produces, the business (first party), the filing of the standard publication profile consisting of the main ones, the copy of the prescribed papers at paragraph 2 Article 9 and self-assessment profile The organization of the organization, the individual according to the surveillance plan.

5. Provide documentation that proves the suitcases of the product, goods, services, processes, environments with the standard of corresponding standards when required by the state authority to be competent.

6. Provide a copy of the main medical copy that recognizes the standard publication profile for the organization, the individual business of products, goods, services, processes, and environment.

7. Do the republication when there is any change in the registered standard publication filing or any change in the feature, use, characteristics of the product, the goods, the service that announced the standard.

Chapter III

CONTRACT PUBLICATION

What? 12. The principle of public publication

1. The object of a contract publication is the product, goods, services, processes, the environment defined in the national technical regulation due to the Ministry of Industry Management, the field of issued or regulated in the local technical regulation provided by the Provincial Committee of the Province, It's the Central Committee of the Central Committee. Contract publication is mandatory.

2. The publication of the appropriate specification rules based on one of the following two cases:

a) The results of a contract certification by regulation at the corresponding technical regulation and due to the certification organization are designated;

b) The results of the self-evaluation of the organization, the individual announced the contract.

Testing for the contract evaluation was performed at the registered testing organization.

3. The case of products, goods managed by a variety of technical processes, the organization, the individual must carry out the registration of a contract publication at the respective specialized agencies, and the attributmarks are used only when the product, that commodity has. Full implementation of regulatory measures at the corresponding technical standards.

What? 13. Public sequencing

The contract publication is done in the following steps:

1. Step 1: Evaluation of the object's object matching contract with the corresponding technical standard (later abbreviated as a valid review).

a) A contract evaluation may be due to the organization of the certificate specified (third party) or by the organization, the individual published the contract (first party).

A contract evaluation is performed in accordance with the method of evaluation of regulation in the corresponding technical regulation.

The case for use of the evaluation of the organization's suitcases assessment of foreign suitcases the organization assessing foreign suitcases must be acknowledged in accordance with the rule of law or given the authority of the state governing authority;

b) The result of a contract assessment is the base for the organization, the individual announced the contract.

2. Step 2: Subscription of a contract published in a specialized body by the Ministry of Industry, the field and the Provincial Committee, the designated Central City (later abbreviated as a specialized agency).

What? 14. Public registration records

Organization, individual workers set up 2 (two) of a valid publication file, where 01 (a) file filed directly or sent a postal record to the specialized agency and 01 (one) the repository of the organization, the individual. The specified profile component is as follows:

1. The case of a contract publication based on the contract certification results of the designated certificate organization (third party), the contract publication record includes:

a) A valid publication (in Form 2. CBHC/HQ rules at Appendix III This Information

b) The official medical copy of the proofs of the implementation of the production, business of the organization, the individual published a contract (Enterprise Registration or Business Registration or Register of Business or Investment Certificate or Decision to establish). or other papers under the rule of law);

c) The primary medical copy of the certificate itself is consistent with the corresponding technical standard provided by the certification organization which is accompanied by a valid indication of the certificate organization issued to the organization, the individual.

During the review of the case, if the need will be reviewed, the reference to the original or request for a copy of the copy has a witness;

2. The case of contract publication is based on the self-assessment results of the organization, the individual producing, the business (the first party), the contract publication record includes:

a) A valid publication (in Form 2. CBHC/HQ rules at Appendix III This Information

b) The official medical copy of the proofs of the implementation of the production, business of the organization, the individual published a contract (Enterprise Registration or Business Registration or Register of Business or Investment Certificate or Decision to establish). or other papers under the rule of law);

c) The organizational case, the individual published a contract that has not been held certification for the registration of the standard appropriate certification of the management system (ISO 9001, ISO 22000, HACCP ...), the organization's contract publication profile, the individual must have a production process. with the quality control scheme built, applicable (in Form 1. KHKSCL rules on Appendix III This information and plans to monitor the management system;

d) The organizational case, the individual published a contract for which the registration was registered as the standard appropriate certification of the management system (ISO 9001, ISO 22000, HACCP ...), the organization's contract publication, the individual must have a copy of the paper itself. the standard appropriate certification of the management system is valid;

A copy of the prototype test results in 12 months to the time of filing a registered trial organization;

e) A valid review report (in Form 5. BCDG rules at Appendix III This message is accompanied by a valid pattern of documents and related documents;

During the review of the case, if the need will be reviewed, a reference to the original or request for a copy of the copy will be found.

What? 15. Handsome publish processing

The file for the publication of the contract sent to the specialized agency is processed as follows:

1. For the fully qualified publication record in accordance with the provisions at Article 14 of this Notice, in the period 03 (three) day of work since the date of receiving a valid publication record, the agency specialized in writing a proposal to add the types of papers in accordance with the Regulations on the organization, the individual announced the contract. After the 15 (fifteen) days of work from the date of the specialized agency sending the recommended text to which the contract publication is not fully replenled by regulation, the specialized agency has the right to cancel the handling of this profile.

2. For the fully qualified publication profile in accordance with Article 14 of this Smart, during the period 05 (year) day of work since the date of receiving a valid publication record, the organization specialized agency testing the validity of the contract publication profile:

a) The case of a fully-fully and valid public record case, the agency's agency of the issue of the Notice of the Notice of a valid publication of the organization, the individual announced the contract (in Form 3. TBTNHS rules on Appendix III.

The notice of receiving a more published file is valid by the value of a valid certificate issued by the organization certified or has a value of three (03) years from the date of the organization of the organization, the individual signed a valid review report (for the school). organization, individual self-assessment,

b) The case of a fully qualified but non-valid publication case, the agency that specializes in writing for the organization, the individual published a contract on the reasons not to take on the case.

What? 16. The organization ' s responsibility, the individual announced contract

1. Messages on the appropriate means of information about the publication of its contract ensures the user's use of the product, which is easily accessible.

2. Maintenance of continuity and responsibility for the suitcases of the products, goods, services, processes, environments that have announced a contract; maintain quality control, testing and periodic monitoring.

3. Using a valid sign for the product, the goods have been published in accordance with the provisions at paragraph 2 Article 4 of this Notice before making traffic on the market. Annual tracking and periodic records report the use of a valid sign for the specified certification organization.

4. When the unsuitable product of the product, goods, services, processes, the environment has announced a contract in the process of circulation or use, organization, individual must:

a) The timely announcement of the unsuitable text of the specialized organ;

b) suspend the export and conduct of the recovery of products, unsuitable goods that are circulating on the market in the case of a product, non-suitable goods have high risks causing loss of safety to users; stopping operating, exploiting the processes. show, service, associated environment when necessary;

c) In accordance with unsuitable remedied measures;

d) The written notice for the specialized body about the results of the etching of the unfit before continuing to bring products, goods, services, processes, environments into use, circulation, mining, business.

5. Set up and save the contract publication filing as the basis for the inspection, the inspector of the state governing body as follows:

a) The case of a contract publication based on the contract certification results of the designated certificate organization (third party), the filing of a valid publication record includes the main ones, the copy of the prescribed papers at paragraph 1 Article 14 and the monitoring assessment of the site. The certificate organization is specified;

b) The case of a contract publication based on the self-assessment results of the organization, the individual producing, the business (first party), the filing of a valid publication record includes the main ones, the copy of the prescribed papers at paragraph 2 Article 14 and the order of the monitoring self-assessment of the organization, the individual under the supervision plan.

6. Provide documentation that demonstrates the suitcases of the product, goods, services, processes, environments with the corresponding technical regulation when required by the state authority to be competent.

7. Provide a copy of a valid certificate of certification, the Notice of receiving a valid publication of the publication for the organization, the individual business of products, goods, services, processes, and the environment.

8. Do the republication when there is any change in the contents of the registered contract profile or there is any change in the feature, the use, the characteristics of the product, the goods, the service that has published the contract.

Chapter IV

THE ORGANIZATION.

What? 17. The responsibility of the governing bodies

1. Accountability of the Ministry of Industry and Public Affairs Department and the Provincial People ' s Committee, the Central City of Central:

a) Directs the operation of a contract according to the regulation at this Smart when it enacts the corresponding technical standards for management;

b) The lead agency is responsible for managing the operational management operation in the field of assignment; the announcement of the list of clues to organizations, individuals involved to implement and send to the Ministry of Science and Technology to coordinate, manage;

c) The responsibility for carrying out the reception of the public publication record for specialized agencies;

d) periodically, aggreging the organization of the organization specifies the appropriate evaluation, inform the Ministry of Science and Technology to coordinate management; sudden, when there is a request, aggregation of the situation report a contract on the Ministry of Science and Technology to synthesize the report. The Prime Minister.

2. The responsibility of the General Directorate of Quality Measures Quality is the designated lead body by regulation at point b 1 This Article:

a) Help the Ministry of Science and Technology to unify management and guidance activities evaluation activities, standard publication and contract publication;

b) Coordinated with central authority agencies in the Central Committee of the Ministry of Industry, field, Department of Science and Technology of the Provinces, the Central City of Central to the Governor, the manual for implementation of the standard publication, regulatory publication in accordance with regulations. This is private.

c) Implemuclearization of the standard publication situation and a contract publication on the products, goods, services, processes, environment, the management responsibility of the Ministry of Science and Technology on the basis of the report basis of the Standards Measurement Standards. quantity; monitoring the designation of the Department of Industry Management, the field of activity assessment activity.

3. The responsibility of the head agency is designated by regulation at point b 1 This Article belongs to the Department of Industry, field and the Provincial People's Committee, the Central City of Central City:

a) Perform the monitoring and management of registered public registration activities of specialized agencies; in coordination with the General Directorate of Quality Measures Standards in the work management operation of contract publication; annual periodically, the report aggregation of the Ministry of Management. industry, the field and the Provincial People ' s Committee, the Central City-affiliated city of the Center for Organizational Designation Assessment, simultaneously sent on the General Directorate of Quality Measures Standards to coordinate management;

b) The motion of the operation of a contract by the professional and periodic agencies of the year, which breaks out at the request, reports the Department of Industry Management, the field, the Provincial People's Committee, the Central Committee of the Central Committee.

4. The responsibility of the specialized agency due to the ministries of industry, the field, the Provincial People ' s Committee, the Central City of China designation:

a) Continue registration records and case management of the contract publication; cancel, suspend the results of a valid publication record for products, goods, services, processes, and environment managed by the national technical standards provided by the Department of Industry Management, the field of management and local technical standards related to the areas that are managed by the assigned division;

b) The public publication on its electronic information page on the situation of public publication with the following content:

-The organiser, the individual announced the contract;

-Products, manufactured goods,

-Technical calibration number;

-Category: First party (organization name, individual) or third party (the name of the certificate organization specified).

c) Coordinated with the Local Quality Measurement Measurement Standards in providing the information on the contract publication to facilitate the testing of the quality of products, commodities;

d) A yearly term, a mutation when required, aggregate, report on the portfolio of product categories, goods, services, processes, and environment that registered a valid publication (in Form 4. BCTNHS rules on Appendix III.

5. The responsibility of the Criterion Measurement of Quality Measures of the Department of Science and Technology of the Provinces, the Central City of Central:

a) Take on the registration and management of the standard published publication; cancel, suspend the results of the reception of the standard published publication of the organizations, the individual producing, local business and public publication on the electronic information page of the Department of Science and Technology. enacrop or the Standard of Local Quality Measuring Standards of Public Quality.

b) Take over the registration and management of the contract publication; cancel, suspend the results of a valid publication record for products, goods, services, processes, and environment managed by the national technical standards set by the Ministry of Science and Technology. enacted and local technical standards are related to the areas of management of management; published public on the electronic information page of the Department of Science and Technology or the Standard of Local Quality Measures of Local Quality Public Affairs. with the following contents:

-The organiser, the individual announced the contract;

-Products, manufactured goods,

-Technical calibration number;

-Category: First party (organization name, individual) or third party (the name of the certificate organization specified).

c) Coordination with the local specialized agency in the provision of the standard publication information to facilitate the examination of the quality of products, goods; and more.

d) A yearly term, a mutation when required, in aggregation, report the General Directorate of the Quality Measures of the situation to receive a valid publication record, a valid publication (in Form 4. BCTNHS rules on Appendix III this is prescribed at the point a, b this paragraph.

What? 18. Check, inspector, breach of breach

1. The state governing body has the authority to carry out the inspection, inspection and disposal of a violation of the law in a standard publication operation, a statutory publication in accordance with this Information and other existing regulations.

2. The organization, the individual who violates the regulations on the standard publication, published a contract, depending on the nature, the extent of the breach will be processed under the regulation of the relevant existing law.

What? 19. Terms of execution

This message has the enforcement effect since January 27, 2013 and replaces the Number One Decision. 24 /2007/QĐ-BKHCN September 28, 2007, of the Minister of Science and Technology on the promulgation of regulatory certification, contract certification, and standard publication, contract publication.

What? 20. The organization performs

1. Minister, Vice President of the Ministry of Foreign Affairs, Chairman of the Provincial Committee of the Provincial People, the Central City of the Central Committee responsible for organizing the implementation of this Information.

2. The Chief Directorate General of Quality Measures Quality is responsible for the guidance and organization of this information.

3. In the course of execution, if there is a matter of birth or entanging, organization and individuals reflect timely writing about the Ministry of Science and Technology for the study of revision, addition ./.

KT. MINISTER.
Chief.

(signed)

Vietnam Chen.